Avdhesh Kumar Mahavirprasad Sharma And Others v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CRIMINAL APPLICATION NO.424 OF 2022 AVDHESH KUMAR MAHAVIRPRASAD SHARMA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. R.S. Deshmukh, Senior Counsel i/b Mr. D.R. Deshmukh, Advocate for applicants Mr. R.V. Dasalkar, APP for respondent No.1 Mr. Y.P. Deshmukh, Advocate for respondent No.2 ...

CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATE :

26th AUGUST, 2022 ORDER :

(PER : SMT. VIBHA KANKANWADI, J.) The applicants, by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, seek quashing and setting aside the First Information Report filed against them at the behest of respondent No.2.

On the report under Section 154 of the Code of Criminal Procedure, offence vide Crime No.380/2021 came to be registered with

Cri.Appln_424_2022 Vazirabad Police Station, Nanded, Tq. & Dist. Nanded against the applicants, for the offence punishable under Section 498-A, 354, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. Respondent No.2 - original informant got married to applicant No.2. Applicant No.2 is the son of applicant Nos.1 and 3.

Respondent No.2 appeared in the matter through Advocate and filed affidavit-in-reply. It has been stated that during the pendency of the criminal application, decree of divorce by mutual consent has been granted by learned Family Court, Nanded between the applicant No.2 and respondent No.2. It was the result of amicable settlement of matrimonial dispute and, therefore, she has no objection to allow the present application. In view of the settlement that has been arrived at and since it is in respect of the matrimonial dispute, the application stands allowed and disposed of in terms of prayer clause "C".

( Rajesh S. Patil, J. ) ( Smt. Vibha Kankanwadi, J. ) agd